Cal Pen Code § 273.6 (2004)
§ 273.6. Punishment for violation of protective order, temporary
restraining order, or injunction; Possession of firearm by person prohibited
from doing so by protective order
(a) Any intentional and knowing violation of a protective order,
as defined in Section 6218 of the Family Code,
or of an order issued pursuant to Section 527.6 or
527.8 of the Code of Civil Procedure, or Section
15657.03 of the Welfare and Institutions Code, is a misdemeanor
punishable by a fine of not more than one thousand dollars ($ 1,000), or by
imprisonment in a county jail for not more than one year, or by both that fine
and imprisonment.
(b) In the event of a violation of subdivision (a) which
results in physical injury, the person shall be punished by a fine of not more
than two thousand dollars ($ 2,000), or by imprisonment in a county jail for
not less than 30 days nor more than one year, or by both that fine and
imprisonment. However, if the person is imprisoned in a county jail for at
least 48 hours, the court may, in the interest of justice and for reasons
stated on the record, reduce or eliminate the 30-day minimum imprisonment
required by this subdivision. In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall consider the
seriousness of the facts before the court, whether there are additional
allegations of a violation of the order during the pendency of the case before
the court, the probability of future violations, the safety of the victim, and
whether the defendant has successfully completed or is making progress with
counseling.
(c) Subdivisions (a) and (b) shall apply to the following
court orders:
(1) Any order issued pursuant to Section
6320 or 6389 of the Family Code.
(2) An order excluding one party from the family dwelling or
from the dwelling of the other.
(3) An order enjoining a party from specified behavior which
the court determined was necessary to effectuate the order described in
subdivision (a).
(4) Any order issued by another state that is recognized
under Part 5 (commencing with Section 6400) of
Division 10 of the Family Code.
(d) A subsequent conviction for a violation of an order
described in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a) and
involving an act of violence or "a credible threat" of violence, as
defined in subdivision (c) of Section 139, is punishable by imprisonment in a
county jail not to exceed one year, or in the state prison.
(e) In the event of a subsequent conviction for a violation
of an order described in subdivision (a) for an act occurring within one year
of a prior conviction for a violation of an order described in subdivision (a)
that results in physical injury to a victim, the person shall be punished by a
fine of not more than two thousand dollars ($ 2,000), or by imprisonment in a
county jail for not less than six months nor more than one year, by both that
fine and imprisonment, or by imprisonment in the state prison. However, if the
person is imprisoned in a county jail for at least 30 days, the court may, in
the interest of justice and for reasons stated in the record, reduce or eliminate
the six-month minimum imprisonment required by this subdivision. In determining
whether to reduce or eliminate the minimum imprisonment pursuant to this
subdivision, the court shall consider the seriousness of the facts before the
court, whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
(f) The prosecuting agency of each county shall have the
primary responsibility for the enforcement of orders described in subdivisions
(a), (b), (d), and (e).
(g) (1) Every person who owns, possesses, purchases, or
receives a firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure,
or Section 15657.03 of the Welfare and Institutions
Code, shall be punished under the provisions of subdivision (g) of
Section 12021.
(2) Every person subject to a protective order described in
paragraph (1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that firearm is
granted an exemption pursuant to subdivision (f) of Section
527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.
(h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall impose probation
consistent with the provisions of Section 1203.097, and the conditions of
probation may include, in lieu of a fine, one or both of the following
requirements:
(1) That the defendant make payments to a battered women's
shelter or to a shelter for abused elder persons or dependent adults, up to a
maximum of five thousand dollars ($ 5,000), pursuant to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable
costs of counseling and other reasonable expenses that the court finds are the
direct result of the defendant's offense.
(i) For any order to pay a fine, make payments to a battered
women's shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a battered
women's shelter be made if it would impair the ability of the defendant to pay
direct restitution to the victim or court-ordered child support. Where the
injury to a married person is caused in whole or in part by the criminal acts
of his or her spouse in violation of this section, the community property may
not be used to discharge the liability of the offending spouse for restitution
to the injured spouse, required by Section 1203.04, as operative on or before
August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the
injured spouse and dependents, required by this section, until all separate
property of the offending spouse is exhausted.